Hawera HRC 4 February 2022 – R10 – Nathan Delany

ID: RIB7305

Respondent(s):
Nathan Delany - Junior Driver

Applicant:
Mr S Mulcay - Chief Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
Mr Mulcay, Mr Delany, Mr J Abernethy assisting Mr Delany

Information Number:
A11158

Decision Type:
Race Related Charge

Charge:
Used whip in more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Code:
Harness

Race Date:
04/02/2022

Race Club:
Hawera Harness Racing Club

Race Location:
Hawera Racecourse - Waihi Road, Hawera, 4610

Race Number:
R10

Hearing Date:
04/02/2022

Hearing Location:
Hawera

Outcome: Proved

Penalty: Junior Driver Nathan Delany is suspended for 3 days

SUMMARY OF FACTS:

Following Race 10 Information A11158 was filed with the Adjudicative Committee.

It was alleged by the Applicant that Mr Delany had used his whip with more than a wrist flicking motion over the concluding stages when driving “DENNIS DENUTO”.

Mr Delany who was assisted by Mr J Abernethy said that he understood the Rule, the charge and confirmed that he admitted the breach.

Film replays were shown with Mr Mulcay identifying that over the final stages, Mr Delany used his whip with more than a wrist flicking motion.  He said that the Stewards took exception to the way the whip was used, particularly over the final 4-5 strides.

In response Mr Delany and Mr Abernethy agreed with the Stewards’ interpretation.

DECISION:

As the charge was admitted together with the film evidence it was found proved.

PENALTY SUBMISSIONS:

Mr Mulcay said that on 2 January 2022 Mr Delany had been fined $400 for a similar breach and recommended that a term of suspension be imposed on this occasion.

Mr Abernethy said that it would be better if Mr Delany was driving to get more experience, but that he has to learn to drive within the Rules.

REASONS FOR PENALTY:

Due to the breach occurring in close proximity to his former whip breach, a term of suspension was in order.

PENALTY:

Mr Delany’s Junior Horseman’s Licence was suspended from 7 February through to the cessation of racing on 15 February 2022 (3 Days).

Decision Date: 04/02/2022

Publish Date: 08/02/2022